State of Florida v. Nelson et al
| State of Florida |
| Bill Nelson, National Aeronautics and Space Administration, Joseph R. Biden, Jr., United States of America, Federal Acquisition Regulatory Council, Lesley A. Field, John M. Tenaglia, Jeffrey A. Koses, Karla S. Jackson, Shalanda D. Young, Office of Management and Budget, General Services Administration and Robin Carnahan |
| 8:2021cv02524 |
| October 28, 2021 |
| US District Court for the Middle District of Florida |
| Steven D Merryday |
| Thomas G Wilson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 TRANSCRIPT information form filed by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young re #41 Notice of Appeal. USCA number: 22-10165. (Avallone, Zach) |
Filing 44
ORDER granting #42--motion to stay. Signed by Judge Steven D. Merryday on 1/19/2022. (DAS)
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| Case Stayed. (CTR) |
| Filing 43 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #41 Notice of Appeal. (CTR) |
| Filing 42 Joint MOTION to Stay District Court Proceedings Pending Appeal by All Defendants. (Avallone, Zach) |
| Filing 41 NOTICE OF APPEAL as to #37 Order on Motion for Preliminary InjunctionOrder on Motion to Stay, #40 Order by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young. Filing fee not paid. (Avallone, Zach) |
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Filing 40
ORDER re #37--order granting motion for preliminary injunction; preliminarily enjoining the defendants. Signed by Judge Steven D. Merryday on 12/30/2021. (KRM)
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| Filing 39 RESPONSE re #37 Order on Motion for Preliminary InjunctionOrder on Motion to Stay filed by State of Florida. (Attachments: #1 Proposed Order)(Christmas, Natalie) |
| Filing 38 RESPONSE re #31 Order for Supplemental Briefing filed by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young. (Wynosky, Kevin) |
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Filing 37
ORDER granting #24--motion for preliminary injunction on Florida's claim that the President likely exceeded authority under FPASA; retaining under advisement the balance of the motion; requiring the parties to propose a preliminary injunction consistent with this order not later than 12/29/2021; denying #32--motion to stay; requiring the defendants to respond to the complaint not later than 1/21/2022. Signed by Judge Steven D. Merryday on 12/22/2021. (KRM)
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| Filing 36 NOTICE of supplemental authority by State of Florida. (Attachments: #1 Exhibit, #2 Exhibit)(Christmas, Natalie) |
| Filing 35 NOTICE of supplemental authority re #26 Response in Opposition to Motion, #21 Response in Opposition to Motion by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young. (Attachments: #1 Order - Donovan v. Vance, No. 4:21-cv-5148-TOR (E.D. Wash., Dec. 17, 2021))(Avallone, Zach) |
| Filing 34 RESPONSE to Motion re #32 MOTION to Stay or, in the Alternative, to Extend Responsive Deadline filed by State of Florida. (Percival, James) |
| Filing 33 RESPONSE re #31 Order filed by State of Florida. (Attachments: #1 Exhibit 1 Deviation Clauses)(Percival, James) |
| Filing 32 MOTION to Stay or, in the Alternative, to Extend Responsive Deadline by All Defendants. (Wynosky, Kevin) |
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Filing 31
ORDER permitting supplemental briefing. Signed by Judge Steven D. Merryday on 12/9/2021. (DAS)
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| Filing 29 NOTICE of supplemental authority by State of Florida. (Attachments: #1 Exhibit Southern District of Georgia Order)(Christmas, Natalie) |
| Filing 30 Minute Entry. In Person Proceedings held before Judge Steven D. Merryday: MOTION HEARING held on 12/7/2021 re #24 Amended MOTION for Preliminary Injunction and Reply in Support of Initial Motion filed by State of Florida. Court Reporter: Bill Jones (DAY) |
| Filing 28 NOTICE of supplemental authority by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young. (Andrapalliyal, Vinita) |
| Filing 27 NOTICE of Appearance by Vinita Andrapalliyal on behalf of Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young (Andrapalliyal, Vinita) |
| Filing 26 RESPONSE in Opposition re #24 Amended MOTION for Preliminary Injunction and Reply in Support of Initial Motion, #10 MOTION for Preliminary Injunction Sur-Reply in Opposition to Plaintiff's Motion for a Preliminary Injunction and Amendment filed by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young. (Avallone, Zach) |
| Filing 25 NOTICE of supplemental authority re #24 Amended MOTION for Preliminary Injunction and Reply in Support of Initial Motion, #10 MOTION for Preliminary Injunction by State of Florida. (Attachments: #1 Exhibit Supplemental Authority)(Percival, James) |
| Filing 24 Amended MOTION for Preliminary Injunction and Reply in Support of Initial Motion by State of Florida. (Attachments: #1 Exhibit Letter from GSA, #2 Exhibit Attachment to GSA Letter, #3 Exhibit Norton Declaration)(Percival, James) |
| Filing 23 AMENDED COMPLAINT against All Defendants filed by All Plaintiffs.(Percival, James) |
| Filing 22 NOTICE by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young (Wynosky, Kevin) |
| Filing 21 RESPONSE in Opposition re #10 MOTION for Preliminary Injunction filed by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young. (Attachments: #1 Exhibit Summers Declaration, #2 Exhibit Jackson Declaration)(Wynosky, Kevin) |
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Filing 20
ORDER granting #19--joint motion to amend the complaint and modify the briefing schedule on the motion for a preliminary injunction. The parties must conform to the schedule proposed in page two of the motion. Signed by Judge Steven D. Merryday on 11/15/2021. (DAS)
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| Filing 19 Joint MOTION for Miscellaneous Relief, specifically to modify briefing schedule and for Florida to file amended complaint by State of Florida. (Percival, James) |
| Filing 18 NOTICE of hearing: re: #17 Preliminary Injunction Hearing set for 12/7/2021 at 09:00 AM in Tampa Courtroom 15 A before Judge Steven D. Merryday. (DAY) |
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Filing 17
ORDER scheduling briefing on the motion for preliminary injunction; scheduling oral argument for December 7, 2021. Signed by Judge Steven D. Merryday on 11/8/2021. (DAS)
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| Filing 16 NOTICE by State of Florida of Service (Attachments: #1 Exhibit A. Certified Mail Receipts, #2 Exhibit B. USPS Tracking)(Percival, James) |
| Filing 15 NOTICE of compliance re #11 Order by State of Florida (Percival, James) |
| Filing 14 NOTICE of Appearance by Zach A. Avallone on behalf of Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young (Avallone, Zach) |
| Filing 13 NOTICE of Appearance by Kevin Joseph Wynosky on behalf of Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, National Aeronautics and Space Administration, Bill Nelson, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young (Wynosky, Kevin) |
| Filing 12 NOTICE of compliance re #11 Order by State of Florida (Christmas, Natalie) |
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Filing 11
ORDER requiring e-mail notice; requiring service; requiring the parties to confer about a briefing schedule. Signed by Judge Steven D. Merryday on 11/2/2021. (DAS)
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| Filing 10 MOTION for Preliminary Injunction by State of Florida. (Attachments: #1 Exhibit Hearing Transcript, #2 Exhibit Findley Declaration, #3 Exhibit NASA Award, #4 Exhibit Space Florida Emails, #5 Exhibit University Emails, #6 Exhibit University Emails, #7 Exhibit Letter to Leon County, #8 Exhibit Statement of UF President Fuchs, #9 Text of Proposed Order)(Percival, James) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by State of Florida. (Percival, James) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by State of Florida. Related case(s): Yes (Percival, James) |
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Filing 7
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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| Filing 6 NOTICE of Local Rule 1.07(c) and Local Rule 3.02(a)(2)-Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (DAY) |
| Filing 5 SUMMONS issued as to All Defendants, U.S. Attorney and U.S. Attorney General. (MCB) |
| Filing 4 Case Reassigned to Judge Steven D. Merryday and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-2524-SDM-TGW. Judge Virginia M. Hernandez Covington, Magistrate Judge Julie S. Sneed no longer assigned to the case. (JNB) |
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Filing 3
ENDORSED ORDER: Upon review, the Court determines that this action is related to the earlier-filed action, Navy Seal 1 et al v. Biden et al, 8:21-cv-02429-SDM-TGW, as both actions challenge, at least in part, the lawfulness of federal COVID-19 vaccine mandates for federal contractors. Accordingly, pursuant to Local Rule 1.07(a)(2), the Clerk is directed to transfer this action to the Honorable Steven D. Merryday, United States District Court Judge, with his consent. The Clerk is also directed to reassign this case to Magistrate Judge Thomas G. Wilson. Signed by Judge Virginia M. Hernandez Covington on 10/28/2021. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2524-VMC-JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants (Filing Fee $402, Receipt # AFLMDC-18865668) filed by State of Florida. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Percival, James) Modified on 10/28/2021 to correct docket text(SJB). |
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